This Privacy Policy was last updated on 31 July 2023

Our commitment to privacy

(1) Bodyfit Holdings Pty Limited (ACN 627 467 109), its subsidiaries and affiliates in  Australia (referred to as “we”, “us”, “our” or “Bodyfit”) values and respects the privacy  of the individuals we deal with and are committed to managing personal information in  accordance with the Australian Privacy Principles (APPs) under the Privacy Act 1988  (Cth) (Privacy Act) and in accordance with other applicable privacy laws.

(2) Please contact us for a full list of the companies which comprise Bodyfit and which are  subject to this Privacy Policy.

(3) We offer a complete range of gym and health services (Services).

(4) We also provide individuals with access to the following website https://bodyfit.com.au/ as well as other sites and mobile applications relating to our business and Services  (Sites).

(5) This Privacy Policy sets out how we collect, hold, use and disclose your personal  information, and how we maintain the quality and security of your personal information.

(6) Please read this Privacy Policy carefully, as by using our Services and/or Sites and  providing personal information to us, you:

(a) are confirming that you have read this Privacy Policy;

(b) understand how your personal information will be handled by us; and

(c) consent to us handling your personal information in accordance with this  Privacy Policy.

How do we interact with you via our Sites?

(1) You may visit our Sites without identifying yourself.

(2) If you identify yourself, any personal information you provide to us will be managed in  accordance with this Privacy Policy.

(3) Our Sites may use cookies from time to time. A “cookie” is a small file stored on your  computer’s browser, which assists in managing customised settings of our Sites and  delivering content. We collect certain information about your access and use of our  Sites, such as your device and network information, browser type and session, geolocation, IP address, pages you have accessed on our Sites and on third-party  websites. You are not identifiable from such information, however if you choose to  provide our Sites with personal information, that information could be linked to the data stored in the cookie.

(4) You can use the settings in your browser to control how your browser deals with  cookies. However, in doing so, you may be unable to access certain pages or content on our Sites.

(5) We may also use web beacons on our Sites from time to time. These web beacons monitor your behaviour and collects data about your viewing on a web page.

(6) Our Sites may contain links to third-party websites that we have no control over. We are not responsible for the content or privacy practices of websites that are linked to our Sites.

3 What information do we collect about you?

(1) We collect the types of personal information required to assist us in providing our  Services, providing our Sites and fulfilling our functions and activities and informing you  about them.

(2) When you enquire about our Services or when you become a customer of ours, a  record is made which includes your personal information.

(3) The types of personal information that we collect will vary depending on the  circumstances of collection, the nature of your dealings with us and the kind of Services  that you request from us, but will typically include:

(a) details such as your name, date of birth, phone number, email address,  residential/mailing address and postcode;

(b) your source of identification, including a drivers licence, passport etc.;

(c) financial information such as your credit/debit card details and bank account  details;

(d) images or audio-visual recordings which identify you;

(e) information about your health and fitness;

(f) your preferences and/or opinions; and

(g) any other personal information you provide to us (directly or indirectly), or  authorise us to collect, as part of your interaction with us.

(4) If you provide personal information about someone other than yourself, you agree that  you have that person’s consent to provide that information and have told that person  about this Privacy Policy and where to find it.

(5) You can always decline to give us any personal information we request, but that may  mean that:

(a) we cannot interact with you;

(b) we cannot provide you with some or all of our Services; and/or

(c) it may affect your use of the Sites and the offerings we make through the Sites.

 

4 Sensitive information

(1) We may collect information which is considered sensitive information. This might  include any information or opinion about your racial or ethnic origin, political opinions,  political association, religious or philosophical beliefs, membership of a trade union or  other professional body, sexual preferences, criminal record or health information.

(2) In order to provide our Services to you, we will collect information regarding your health  and fitness and will only do so with your consent.

(3) Otherwise, if we collect your sensitive information, we will do so only with your consent,  if it is necessary to prevent a serious and imminent threat to life or health, or as otherwise required or authorised by law, and we take appropriate measures to protect  the security of this information.

(4) We only collect, hold, use and disclose sensitive information for any purposes that you  consent to, the primary purpose for which it is collected and secondary purposes that  are directly related to the primarily purpose for which it was collected and if otherwise  required or authorised by law.

5 How and why do we collect and use your personal information?

 

5.1 How do we collect your personal information?

(1) We generally collect personal information directly from you. We may collect and update  your personal information when you interact with us over the phone, by email, over the  internet or social media or in person, when you participate in surveys or questionnaires,  when you attend our events, when you subscribe to our mailing lists and if you apply  for a position with us as part of a recruitment process.

(2) We may also collect personal information about you from other sources, for example: (a) our affiliated and related companies;

(b) third party suppliers and contractors who assist us to operate our business;  and

(c) through publicly available sources.

5.2 Why do we collect your personal information?

(1) We collect personal information reasonably necessary to carry out our business, to  assess and manage our customer’s needs, to provide our Sites and to provide our  Services. We may also collect information to fulfil administrative functions associated  with these Services, for example billing, entering into contracts with you or third parties  and managing customer relationships.

(2) The purposes for which we usually collect, use and disclose personal information  depends on the nature of your interaction with us and are set out in section 9 of this  Privacy Policy.

6 Can you deal with us anonymously?

(1) We will provide individuals with the opportunity of remaining anonymous or using a  pseudonym in their dealings with us where it is lawful and practicable (for example,  when making a general enquiry).

(2) Generally, it is not practicable for us to deal with individuals anonymously or  pseudonymously on an ongoing basis.

(3) If we do not collect personal information about you, you may be unable to utilise all or  our Services or participate in our events, programs or activities we manage or deliver.

7 How do we hold information?

(1) We store information in paper-based files or other electronic record keeping methods  in secure databases (including trusted third party storage providers based in Australia).

(2) Personal information may be collected in paper-based documents and converted to  electronic form for use or storage (with the original paper-based documents either archived or securely destroyed). We take reasonable steps to protect your personal  information from misuse, interference and loss and from unauthorised access,  modification or disclosure.

(3) We maintain physical security over paper and electronic data stores, such as through  locks and security systems at our premises’. We also maintain computer and network  security, for example, we use firewalls (security measures for the internet) and other  security systems such as user identifiers and passwords to control access to our  computer systems.

(4) Our Sites do not necessarily use encryption or other technologies to ensure the secure  transmission of information via the internet. Users of our Sites are encouraged to  exercise care in sending personal information via the internet.

(5) We take steps to destroy or de-identify information that we no longer require. 8 Do we use or disclose your personal information for direct marketing?

(1) We may use or disclose your personal information for the purpose of informing you  about our Services, upcoming promotions and events, or other opportunities that may  interest you.

(2) If you do not want to receive direct marketing communications, you can:

(a) opt-out at any time by contacting us using the contact details set out in section  14 of this Privacy Policy; or

(b) use the unsubscribe / opt-out facility provided in the most recent marketing  communication.

(3) If you opt-out of receiving marketing material from us, we may still contact you in  relation to our ongoing relationship with you.

9 How do we use and disclose personal information?

(1) The purposes for which we may use and disclose your personal information will depend  on the Services we are providing to you and the nature of your interaction with us.

(2) We will use personal information you provide for the primary purposes of providing our Services and Sites, which includes but is not limited to:

(a) providing, delivering, administering and improving our Services and Sites,  including but not limited to:

(i) offering you Site content;

(ii) providing and enhancing features of our Sites;

(iii) enabling you to use our Services; and

(iv) customising, researching, developing, measuring, expanding and  improving our Services;

(b) personalising and improving your experience on the Sites and with our  Services;

(c) dealing with feedback or complaints about our Sites or Services;

(d) contacting and communicating with you and providing customer support;

(e) managing, planning, advertising and administering programs, events and  competitions;

(f) informing you of our activities, events, facilities and Services;

(g) undertaking data analytics, to better understand your requirements and  preferences;

(h) conducting market research, business development and to innovate and  improve our Services;

(i) monitoring online activity on our Sites;

(j) undertaking and administering marketing activities, database compilation and analytics, analysis of trends and demographics and other marketing or  promotional activities, including but not limited to:

(i) personalising, measuring and improving our advertising;

(ii) contacting you to let you know about our Services; and

(iii) delivering direct and targeted advertising and marketing to you about  our Services and business;

(k) enforcing our agreements with you;

(l) recruitment processes;

(m) responding to requests for information and other general enquires;

(n) complying with legal obligations to which we may be subject and to resolve our  disputes, including but not limited to:

(i) participation in investigations and proceedings conducted by  governmental or regulatory authorities and law enforcement;

(ii) prevention, detection and mitigation of unlawful activity or suspected  unlawful activity;

(iii) compliance with information requests where we are legally obligated  to disclose personal information;

(iv) retention and storage of your personal information to comply with  specific legal retention requirements;

(v) responding to a serious threat to an individual’s life or to public health  or safety; and

(vi) where otherwise required or authorised by law.

(3) We will generally use or disclose your personal information for the primary purpose for  which it was collected, or for a related secondary purpose where you would reasonably  expect us to use or disclose the personal information for that secondary purpose. We  may otherwise use and disclose your personal information if you have given us consent  in accordance with this Privacy Policy for the use or disclosure or it is required or  authorised by law.

(4) We may disclose personal information to third parties, including:

(a) third parties we engage to provide services to us, including contractors and  service providers used for data processing, data analysis, customer  satisfaction surveys, information technology services and support, website  maintenance/development, archiving, debt collection, payment systems,  professional advice, market research and marketing and advertising;

(b) our employees, contractors, agents, partners, sponsors, promotors and other  third parties who assist us in providing our Services and Sites;

(c) any person who acquires, or intends to acquire, our business assets;

(d) courts, governmental and regulatory authorities and law enforcement, where  required by law or to exercise or defend our legal rights;

(e) our related and affiliated companies, located in Australia, who may use it to  provide joint content, services and marketing, offer personalised advertising  and for legal compliance reasons; and

(f) other third parties when you have given consent to share your personal  information.

(5) Third parties to who we have disclosed your personal information may contact you  directly to let you know they have collected your personal information and to give you  information about their privacy policies.

(6) We will also use and disclose personal information for a range of administrative,  management and operational purposes. This includes:

(a) administering billing and payments and debt recovery;

(b) planning, managing, monitoring and evaluating our Services;

(c) quality improvement activities;

(d) statistical analysis and reporting;

(e) training staff, contractors and other workers;

(f) risk management and management of legal liabilities and claims (for example,  liaising with insurers and legal representatives);

(g) responding to enquiries and complaints regarding our Services;

(h) obtaining advice from consultants and other professional advisers; and (i) responding to subpoenas and other legal orders and obligations.

(7) We may use and disclose your personal information for other purposes explained at  the time of collection or otherwise as set out in this Privacy Policy.

10 Do we disclose your personal information overseas?

(1) Unless we have your consent or an exception under the APPs applies, we will only  disclose your personal information to overseas recipients where we have taken  reasonable steps to ensure that the overseas recipient does not breach the APPs in  relation to your personal information.

(2) Please note that some of the third-party service providers that we may disclose  personal information to may be based in or have servers located outside of Australia and may therefore store, transfer or access your personal information outside of  Australia.

11 How can you access or seek correction of your personal information?

(1) You are entitled to access your personal information held by us on request. To request  access to your personal information please contact us using the contact details set out  in section 14 of this Privacy Policy.

(2) You will not be charged for making a request to access your personal information but  you may be charged for the reasonable time and expense incurred in compiling  information in response to your request.

(3) We will take reasonable steps to ensure that the personal information we collect, use  or disclose is accurate, complete and up-to-date. You can help us to do this by letting  us know if you notice errors or discrepancies in information we hold about you and  letting us know if your personal details change.

(4) However, if you consider any personal information we hold about you is inaccurate,  out-of-date, incomplete, irrelevant or misleading you are entitled to request correction  of the information. After receiving a request from you, we will take reasonable steps to  correct your information.

(5) We may decline your request to access or correct your personal information in certain  circumstances in accordance with the APPs. If we do refuse your request, we will  provide you with a reason for our decision and, in the case of a request for correction,  we will include a statement with your personal information about the requested  correction.

12 What should you do if you have a complaint about the handling of your  personal information?

(1) You may contact us at any time if you have any questions or concerns about this  Privacy Policy or about the way in which your personal information has been handled.

(2) You may make a complaint about privacy at the contact details set out in section 14 of  this Privacy Policy

(3) We will first consider your complaint to determine whether there are simple or  immediate steps which can be taken to resolve the complaint. We will generally  respond to your complaint within a week.

(4) If your complaint requires more detailed consideration or investigation, we will  acknowledge receipt of your complaint within a week and endeavour to complete our  investigation into your complaint promptly. We may ask you to provide further  information about your complaint and the outcome you are seeking. We will then  typically gather relevant facts, locate and review relevant documents and speak with  individuals involved.

(5) In most cases, we will investigate and respond to a complaint within thirty (30) days of  receipt of the complaint. If the matter is more complex or our investigation may take  longer, we will let you know.

(6) If you are not satisfied with our response to your complaint, or you consider that we  may have breached the APPs or the Privacy Act, a complaint may be made to the  Office of the Australian Information Commissioner.

(7) The Office of the Australian Information Commissioner can be contacted by telephone  on 1300 363 992 or by using the contact details on the website www.oaic.gov.au.

13 How changes are made to this Privacy Policy

We may amend this Privacy Policy from time to time, with or without notice to you. We  recommend that you visit our Sites regularly to keep up to date with any changes.

14 How can you contact us?

Our contact details are as follows:

(1) Address: 522 Kingsway, Miranda NSW 2248.

(2) Email: [email protected].

(3) Phone: (02) 72051 051.